More Big Election Law News Just Before Thanksgiving: FEC Likely to Deadlock on American Crossroads SuperPAC Advisory Opinion (Colbert), and to Reject Mike Lee Leadership PAC Request (Blowing Hole in Soft Money Limits)

The FEC posted its agenda for the next meeting.  There are four alternative answers to American Crossroads’ request to run ads featuring federal candidates for office without being found to have illegally coordinated with the candidates.  This means that it seems unlikely there will be four votes behind any one of the alternative drafts. Bottom line:  FEC may give no advice on this one.

A different result for the Mike Lee leadership Super PAC AO request.  Only one draft, which affirms that soft money limits still apply.  I suggested in a recent Slate article the Lee approach would blow a hole in the soft money limits.  And if this is pursued in court, it could provide a vehicle for challenging the continued constitutionality of the soft money limits.

In this environment, I’ll take both likely results as a victory for campaign finance regulation.


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